A county board chairperson and a county boardcommittee are not authorized by section19.85(1)(c), Stats., to meet in closedsession to discuss appointments to countyboard committees; however, in appropriatecircumstances section 19.85(1)(f)would authorize closed sessions.

MICHAEL J. HARVEY,Corporation Counsel Ozaukee County

You have asked for my opinion whether thecounty board chairperson and the members ofthe administrative committee may meet inclosed session to discuss appointments ofcounty board supervisors to committees.

In the past, the administrative committeehas closed the meetings under section19.85(1)(c), Stats., to discuss committeeappointments for supervisors.

I have concluded that section 19.85(1)(c)does not authorize the county boardchairperson and the administrativecommittee to meet in closed sessionto discuss the appointments.

Section 19.85(1)(c) authorizes ameeting to be closed to consider

"employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility."

Only county board members are appointed bythe chairperson to the committees.

See Section 59.06(1), Stats.

Because the county board members are electedofficials performing the duties of theiroffice when serving on the county boardcommittees, they cannot be publicemployes under section 19.85(1)(c).

"The personnel exception to the Open Public Meetings Act does not apply to elected officials whose continued retention in office is dependent on
the approval of the public, not on any particular agency or department."

Therefore, the meeting to discuss theappointment of the committee members cannotbe closed under section 19.85(1)(c).

Only under limited circumstances would aclosed session of the meeting be authorized.

It would be permitted by Section19.85(1)(f) for the purpose of:

Considering financial, medical, social orpersonal histories or disciplinary data ofspecific persons, preliminary considerationof specific personnel problems or theinvestigation of charges against specificpersons except where paragraph 19.85(1)(b)applies which, if discussed in public, wouldbe likely to have a substantial adverseeffect upon the reputation of any personreferred to in such histories or data, orinvolved in such problems or investigations.

However, before the meeting could be closedunder section 19.85(1)(f), at least onecommittee member or the chairperson wouldhave to have actual knowledge of informationwhich he or she reasonably believed would belikely to have a substantial adverse effectupon the reputation involved and there mustbe a probability that such information wouldbe divulged.